Navigation Menu+

Taking The Stress Out Of Hiring A Criminal Attorney

Pass A Breathalyzer Test? You May Still Be Charged With DUI

Posted by on 1:50 pm in Uncategorized | Comments Off on Pass A Breathalyzer Test? You May Still Be Charged With DUI

Many people believe that if they can successfully pass a breathalyzer test, then they can avoid being arrested for DUI. That’s likely why there are a lot of dubious tips on how to fool a breathalyzer machine floating around on the internet. However, even if you do somehow manage to beat a breath test, you may still be taken in and charged with DUI. Here’s what you need to know about this situation. Preponderance of Evidence While the breathalyzer test can be a powerful piece of evidence that helps strengthens the prosecutor’s case, it’s typically not the only evidence brought before the judge. There are several other things the police or prosecutor may use to justify charging you with and eventually obtaining a conviction for driving under the influence. This includes: Testimony from the police about how you were driving (e.g. swerving, running traffic signs) Statements from witnesses about your appearance and mannerisms (e.g. slurred words, red eyes) Any alcohol or drug paraphernalia collected at the scene (e.g. open cans, bong) If the police suspect you are under the influence of drugs at the scene and you pass a breathalyzer test, they may take you to the hospital to have a blood test conducted to see what substances are in your system. This test can be particularly devastating to your case because these types of chemical tests tend to be very accurate. The court will typically deliberate on all the information submitted by the prosecutor and may come back with a guilty verdict even though you passed a breathalyzer test. Fighting Back in Court The fact that you passed a breathalyzer test may work in your favor, however, depending on the circumstances of your case. It may make it easier to attribute your behavior and appearance to other things besides the consumption of drugs or alcohol. For instance, sleep deprivation mimics some of the same symptoms as intoxication including red eyes and lack of coordination. Weaving in the road could be seen as a result of falling asleep at the wheel. If you can successfully make this case, the court may rule in your favor or the prosecutor may be forced to charge you with something else other than DUI, such as reckless driving. Though you may still face fines and jail time as a result of being charged with something else, it may not have as severe an impact on your life as a DUI. When you are arrested for or charged with DUI, it’s essential that you contact a criminal defense attorney, such as Sam Douglas Young Attorney at Law, as soon as possible. The lawyer can help you develop a defense strategy that may help you avoid many of the consequences associated with being convicted of driving under the...

read more

3 Factors To Look For When Choosing A Criminal Defense Lawyer

Posted by on 8:23 pm in Uncategorized | Comments Off on 3 Factors To Look For When Choosing A Criminal Defense Lawyer

If you find yourself the defendant in a criminal suit, there is probably no question that you need an attorney. Although it is undoubtedly the case that you should find an attorney that specializes in criminal defense, what specific factors should you take into consideration when looking for such a lawyer? Read on and discover what you should be searching for in a criminal defense attorney. Do You Get Along? Although this seems like a small thing, take into consideration that you will be working with your attorney constantly during a criminal suit. Imagine if you do not like someone at your current place of work; you certainly wouldn’t want to be in their presence if they are unpleasant or even hostile towards you. The same – most certainly, doubly – goes for your criminal defense attorney. Make sure that your lawyer explains the proceedings to you in clear, simple terms, and does not attempt to go over your head with legal jargon, or be condescending towards you. The lawyer’s attitude should also be amenable and sympathetic towards your situation, rather than someone who is interested in cashing in a paycheck. Experience Just as you would not want a novice surgeon performing a complex procedure on you, you probably do not want a novice lawyer with little in the way of experience representing you in a court of law, especially when it comes to a criminal case. In addition, you wouldn’t want a surgeon who is excellent at liver surgery suddenly deciding that he or she is going to try his or her hand at brain surgery. It is important that the lawyer in question has experience dealing with the particular crime for which you have been charged. Make sure to ask a potential lawyer what percentage of his or her clients are charged with the crime that you have been charged with and what their success rate is. If they refuse to answer, you should most likely take your business elsewhere. Association It is probably within your best interest to hire a lawyer that has a preexisting relationship with the courthouse in which your trial is set to take place. Lawyers that have a preexisting relationship with the courthouse have an advantage due to the fact that they know local procedures, and may have experience dealing with district attorneys associated with that particular courthouse. They also may know how certain prosecutors associated with the courthouse operates. For example, certain prosecutors might be more likely to plead before the ongoing procession of the trial. Contact a legal professional like Charles P Dargo for more...

read more

Your DUI Case: When a Lawyer Can Help, and When a Lawyer May Not Be Necessary

Posted by on 9:58 am in Uncategorized | Comments Off on Your DUI Case: When a Lawyer Can Help, and When a Lawyer May Not Be Necessary

Whether you’ve already had an arraignment for your DUI case or you’ve just been charged, there are aspects of your case that you can handle on your own. While some people try to handle their whole case on their own, it’s important to understand when a lawyer will be able to help you during the course of your case. If you are considering a guilty plea because the evidence against you is strong, you can still work with a lawyer who may be able to plea bargain for you and get the punishment for your charges reduced. If an attorney hasn’t looked over your case, you should at least get a consultation before pleading guilty. When Your Blood Alcohol Content Tested High If your blood alcohol content testing done on the scene was higher than what is legal in your state, your chances of a guilty conviction will rise based on your test results. If you are close to the legal limit, you may have a better chance at fighting your DUI case with an attorney on your side. If you are going to plead guilty because you believe the field testing done on you is solid, a lawyer may be able to find holes in the testing that you didn’t see. If you believe the evidence against you is impossible to deny, you might not need a lawyer to represent you. When You Are Facing Your First DUI Charges You aren’t going to look more guilty if you hire a lawyer to help you fight against a first DUI charge. In fact, most people hire lawyers for their first charges because even first-time offenders can be hit with substantial penalties. If you are nervous about going to court or don’t fully understand the charges against you, it’s time to meet with a lawyer for a consultation so that you can learn more about your options.  When Field Sobriety Tests Are Failed with Witnesses Present  You probably don’t need a lawyer if you failed your field sobriety tests in front of witnesses. If the case against you is strong, the other side may not even consider a plea bargain. If you know that you failed your field sobriety tests and there is plenty of proof that you were driving drunk, you can represent yourself in court without a lawyer and plead guilty. While you may not want a guilty charge on your record, sometimes the evidence against you is strong and you will have to pay for your actions. If you are interested in having a lawyer represent you, contact firms such as Pollack & Ball LLC to find an attorney who is a good...

read more

Three Reasons Why You Will Not See Criminal Attorneys In The Mayors’ Court

Posted by on 3:57 pm in Uncategorized | Comments Off on Three Reasons Why You Will Not See Criminal Attorneys In The Mayors’ Court

In most other places in the U.S., you will hear people talking about how they have to go to “traffic court.” In Ohio, it is a very different story. Here, there is no “traffic court” per se–instead it is known as the “mayor’s court,” and it operates very differently. If you find yourself summoned to the mayor’s court for a traffic offense, you will see no mayor’s court attorney or criminal attorneys, no matter how major the traffic offense. Here are three reasons why you will not see these defendents when you enter into the mayor’s court in Ohio. The Mayor’s Court Is Neither a Criminal Court or a Jurisdictional Court Criminal courts and jurisdictional courts are operated by the local and state governments and are funded by the people. There is a chain of legal command that starts at the jurisdictional courts and criminal courts and works its way up to the Supreme Court in each state and then the Federal Supreme Court. The mayor’s court is not part of any of these court systems because it is a private court levied and paid for by the mayor’s office for the hearing of traffic offenses and misdemeanors that occur with a mayor’s city limits. There Is No Judge Present Either Lawyers and judges typically go hand in hand in regular courts and hearings. In the mayor’s court, there is no judge. There is only a magistrate, someone who has a working knowledge of the laws of the city but who is not a judge in title or educational achievements. The magistrate is given the power to hear arguments by you and why you should not pay a fine or be charged with a crime, but cannot punish you beyond what the city laws allow. The magistrate may also refer your case to a criminal or jurisdictional court if your case is much more severe in action and/or you have formally requested that the magistrate send you to criminal/jurisdictional court instead. There Are No Appeals Allowed for Your “Crimes” While your traffic violations or misdemeanors may only be considered lesser crimes, they are not really the kinds of hardcore crimes that require major decision-making. Most cases that appear in the mayor’s court are fairly cut and dry–you either did it, you didn’t do it, or you did it with good reason and can argue why. As such there are no appeals allowed and no appeals are necessary, so no lawyers are necessary...

read more

Two Reasons Why You Need An Attorney When Arrested For DWI

Posted by on 8:56 am in Uncategorized | Comments Off on Two Reasons Why You Need An Attorney When Arrested For DWI

If you’ve recently been arrested for driving while impaired (DWI), you could be facing some serious charges.  Unlike getting a speeding or parking ticket, DWI offenses can carry stiff penalties, even up to being jailed.  Because of this, it’s vital that you hire an attorney to represent you as soon as possible.  Don’t risk viewing this charge as a standard moving violation and going it alone; use this information to learn more about why you need a DWI attorney to help fight your case. An Attorney Can Fight Evidence One of the main reasons why it’s so important to have an attorney when you’re dealing with a DWI case is because they can help you fight the evidence.  Whether it’s a field sobriety test or the responses that you gave once you were pulled over, your attorney has the knowledge necessary to hopefully convince the judge that the evidence is inadmissible. For example, the officer that arrested you may not have had the authority to issue a field sobriety test.  If this is the case, the test results shouldn’t have a bearing on the results of your arrest.  A competent DWI attorney will check to find out if the officer had the authority to test you, and if it’s determined that the police officer shouldn’t have performed the test, your lawyer can argue to get the results thrown out. In addition, if you gave a statement while your attorney wasn’t present, the attorney may be able to say that you responded while under duress.  This can also help to make your statements null and void. A DWI Attorney May Get Your Sentence Reduced Getting your sentence reduced after a DWI charge can help to keep you out of jail.  This is especially true if it’s your first offense or if your attorney is able to show how a jail sentence may be damaging to your livelihood. Your attorney may let the judge know that as the sole provider for your family, a jail sentence could spell financial ruin for your dependents.  The lawyer may even make a special request to your manager or higher-ups at work, asking them to either appear on your behalf or issue a notarized statement attesting to the fine work that you do. Being arrested for a DWI offense doesn’t have to spell the end for you.  Hire an attorney right away so you can enjoy these benefits and many...

read more

Topics To Talk About With Your Drug Defense Attorney After An Arrest

Posted by on 1:57 pm in Uncategorized | Comments Off on Topics To Talk About With Your Drug Defense Attorney After An Arrest

When you’ve experienced a drug-related arrest, one of your first priorities should be to hire an attorney who focuses primarily on drug defense cases, like those found at Kassel & Kassel A Group of Independent Law Offices. Although the justice system takes drug charges very seriously, you may be able to have your charges dropped or reduced — often because your attorney is able to successfully argue that you have a serious drug problem and rehabilitation, rather than jail, would be in your best interest. If you wish to follow through with the rehab strategy, it’s in your best interest to talk to your attorney about the impact drugs have had on your life. Speak to him or her about these topics to help with your defense. Your Health For your attorney to successfully convince a judge that drugs have severely impacted your life, he or she will need to talk about your declining health. To this end, make sure that you share any health-related issues that you’ve experienced as a result of your drug problem. Think of specific examples; perhaps you fell while passed out and sustained a concussion or you’ve been told by your doctor that your lung capacity is greatly reduced as a result of smoking drugs. Using this information, your attorney can work on having your charges dropped or reduced. Your Career Drugs can severely impact your career, so make sure that your attorney knows about the career-related struggles you’ve endured. For example, perhaps you once had a lucrative career but were unable to keep it because you became unreliable after you got addicted to drugs. Speak about how you’ve struggled to find any form of meaningful or long-term employment and have often bounced around between minimum-wage jobs because of your struggle with addiction. These facts can help your attorney convince the court that you are a victim, rather than someone who needs to be punished. Your Relationships If you’ve suffered strains in your relationships with your family members and friends, make sure that you relay this information to your attorney — with specific examples. Perhaps your parents have broken off ties with you or your ex-spouse was able to get full custody of your child because of your addiction issues. These challenges in your life clearly demonstrate the negative effect that drug addiction has had and can hopefully help your attorney convince the court that treatment, rather than jail, is the right way for you to get over this issue and once again become a positive member of...

read more

Have You Been Charged With An Internet Crime? Learn What You Can Do About It

Posted by on 12:49 pm in Uncategorized | Comments Off on Have You Been Charged With An Internet Crime? Learn What You Can Do About It

With the introduction of the Internet came a whole new breed of criminals, many of them with the knowledge of how to set up crimes online to make it look like an innocent person is responsible. Because of dishonest people like hackers, many innocent people have faced serious charges for an internet crime. If you have been accused of an Internet crime you did not commit, learning more about what you can do about it is extremely important. Check out these tips for finding out the steps you need to take to prove your innocence any wrongdoing online. Visiting An Internet Crime Attorney Finding an attorney with experience in Internet crime can be challenging because there are not many of them around. Because the onslaught of Internet crime has not been around for long, many lawyers are just now getting into this area of expertise and law. However, many criminal lawyers will take your case and fight for you just as hard. Some criminal lawyers today have internet specialists working for them due to the increasing numbers of crimes being committed using the Internet. Gathering As Much Evidence As You Can While your lawyers and law enforcement officials will collect evidence from your computer, you can take steps to collect other kinds of evidence to help prove your innocence. For example, if you know for a fact someone was using your Wi-Fi connection and suddenly your computer has illegal images on it, you should learn more about the person using your Wi-Fi. Be sure to tell law enforcement officials that someone was on your connection and if there was ever any chance that person or someone else was able to get on your personal computer. Collecting any witnesses that saw someone using your computer or your Wi-Fi connection is a good idea. One reason it is a good idea to collect as much evidence as you can is because Internet crimes are hard to investigate. The more evidence you can offer, the better off you will be in court. Internet Crime Charges Can Carry Severe Punishment Some of the crimes committed online are fraud, meaning the penalty for them can be harsh. For crimes involving fraud and the theft of money, the amount of money stolen can sometimes be a determining factor for the punishment. The same is also true about illegal images. For example, people with child pornography on their computers can face many years in prison. Do not risk your future in the hands of an attorney that has never defended anyone charged with an Internet crime. Choosing someone with experience is vital for you to walk away with as little penalties as possible. Contact a local lawyer, such as one from, for further...

read more

Can You Be Charged With A DUI For Taking Prescription Medications?

Posted by on 9:37 am in Uncategorized | Comments Off on Can You Be Charged With A DUI For Taking Prescription Medications?

While it is entirely common to hear about somebody being charged with driving under the influence (DUI) for drinking or taking illegal drugs and getting behind the wheel, you might be alarmed to find that the prescription medications you have been given could also put you at risk for criminal charges. You might even be surprised to learn that over-the-counter medications could also cause you to be driving under the influence. Laws about DUI Throughout the United States, it is illegal to drive with a blood alcohol level higher than 0.08%. When you obtain your license, you consent to a breath, blood, or urine sample upon being pulled over for suspicion of DUI. According to state laws, like those in California, it is not legal to drive under the influence of substances that may impair your nervous system. This is a vague definition, meaning that even a cough medicine could leave you facing criminal charges. The difficulty in prosecuting somebody for driving under the influence of prescriptions is that there is no blood concentration percentage associated with impairment for these substances. There is no specific measurement for somebody to determine whether the driver is physically impaired. This may work well for the attorney defending you, allowing your criminal lawyer to argue that you were not impaired and that the arresting officer simply had it wrong. On the other hand, this could also work against you. If there is evidence that you have a prescription for the substance and you have admitted to taking it, you may have quite a case against you. It is important that you talk to your lawyer about your options if this is the case. They can help build a better defense when they understand all the details. Take Steps to Ensure You Are Safe Every time you get in the car after taking your medication, it is important that you take an assessment of yourself. Are you driving safely? Are you impaired? Even if you have not been drinking or using illicit drugs, you are responsible for ensuring that you are not impaired in any way. A Criminal Attorney Can Help You Criminal attorneys, like LaCross & Murphy, PLLC, understand the necessity of dealing with DUI charges right away. Attorneys have a variety of resources at their disposal, including deep insight into the law. If you are arrested based on suspicion of DUI caused by a prescription medication, contact a knowledgeable criminal lawyer with experience in this...

read more

Did You Know That Refusing To Take A Breathalyzer Test Is Now A Crime?

Posted by on 3:47 pm in Uncategorized | Comments Off on Did You Know That Refusing To Take A Breathalyzer Test Is Now A Crime?

It wasn’t that long ago that you could refuse to take a breathalyzer test without much of a serious consequence. Since Thursday, June 23, 2016, however, that is no longer the case. The Supreme Court ruled in a 5-3 judgment that it is now a crime to refuse to take a breathalyzer test when the police suspect you of drunk driving. No Warrant Needed You might have believed that in order for the police to conduct a breathalyzer test when you refused to do so voluntarily, that they would need a warrant to force you to take one. This is not the case. The courts ruled that breathalyzer tests are not invasive procedures so they do not violate your rights in any way. However, if the police wish to have a blood-alcohol test done, then they must procure a warrant to make this happen. The taking of blood is considered more invasive. Possible Punishment Each state and city have their own laws regarding the punishment you could face if you refuse to take a breathalyzer test. In many states, if you refuse to take the test, you risk losing your license for a period of time or spending time in jail. Before the Supreme Court ruling, thirteen states already criminalized a driver’s refusal to take the test without a warrant. This included the refusal to have blood or urine tests done as well. In the states that already had such laws in place, the Implied Consent Laws govern the type and length of punishment you could receive. For example, you could pay fines, lose your license for up to a year and be placed in jail. For those who have previous DUI convictions on their record, the punishment could be much harsher like longer jail sentences or longer license suspension. No-Refusal The Supreme Court ruling will change how the states that don’t have no-refusal laws govern their breathalyzer tests. In no-refusal states, police can force a person who refuses to take these tests without a warrant. The ruling will now allow all states to apply the same actions to those who will not submit willingly. It may be possible to still contact an attorney before submitting to a breathalyzer test. The reason many refuse is so they don’t incriminate themselves. While this ruling applies to the entire country, more than half of the states in the country already have the legal authority to enact the no-refusal enforcement clause. For more information, contact Daniel M Hernandez Esquire or a similar legal...

read more

Pothole Pitfalls: Launching A Personal Injury Case Against The City

Posted by on 10:32 am in Uncategorized | Comments Off on Pothole Pitfalls: Launching A Personal Injury Case Against The City

Sometimes, there are city public utilities that are neglected. At times, cities may be actively working on curing the issues of public roads and sidewalks one section at a time. Other times, the city may not be actively making any improvements towards the issue. Potholes are a major cause of vehicles getting damaged and possible accidents happening that lead to personal injury. If you are hurt in an accident that was caused by the negligence of the city’s roads, you have a different fight than proving that someone else was at fault. Here is how to get started on a case against your city.  Call a police officer If you are trying to prove damage because of a pothole, you will need lots of pictures and a police report. If the police can come to the scene of the accident and verify that you sustained a personal injury due to an accident caused by city property, this will make your case a little easier. Get a copy of the report and make sure that it has the information of the responding officer in the event that you need a witness statement for proof to the city.  Lodge a formal complaint If you have been personally injured in an accident due to a pothole, you should file a formal complaint with the city. The best way to do this is to see a lawyer after you have been to the hospital. They can help you draft up a complaint and submit the complaint to the correct city department. This will put the city on notice of your personal injury and give them time to settle.  Start an investigation Along with your lawyer, look for other possible complaints about the same area or the same issue that caused you personal injury. If your injury was caused by a pothole, you should try to find out if others have made the same complaints to the city. Nowadays, you may be able to find some of this information on facebook or via consumer advocates in your town. Proving that this was a known issue can help you to win your case in court against the city. Determine your own settlement amount Most cities and states would prefer to settle claims for undisclosed amounts rather than go to court. Be prepared to settle your lawsuit through mediation with your attorney, such as Walsh Fewkes Sterba, and the attorneys that represent the city. Allow your attorney to lead in the talks about a settlement amount that will take care of the compensation that you deserve. Submitting a modest settlement amount that is within a reasonable window may mean that your terms are...

read more